Dehradun; Due to increasing environmental pollution day by day, the High Court stayed the order of Uttarakhand Government on November 21, 2019, that forests spread in less than a hectare area or forests of less than 60 percent density are not considered as forests. In this regard, the High Court has asked the Uttarakhand government to file a reply by 2 January 2020. The case was heard before the bench of Chief Justice Ramesh Ranganathan and Justice Alok Kumar Verma. Nainital Environmentalist Prof. Ajay Rawat had filed a PIL in the High Court stating that on 21 November 2019, an order to define the forest has been issued by the Forest and Environment Section of Uttarakhand. In this, the forest area of fewer than 10 hectares or less than 60 percent density in Uttarakhand is excluded from the category of forests. The forest department has not considered such forests as forests. The petitioner said that this order is an official order, which cannot be implemented because it is neither a mandate nor it is passed by the cabinet.
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The petitioner said that the government has released it to benefit its people. The petitioner also said that according to the Forest Conservation Act 1980, 71 percent of forest area is declared in the state. In this, the category of forests has also been divided, but apart from this, there are some areas that are not kept in any category. The petition said that the Supreme Court in its 1996 order Goda Varman v. Central Government stated that any forest area, irrespective of its owner, would be categorized as forest area.
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According to the information received from the sources, forests do not mean area or density. The petitioner said that these areas should also be included in the category of forest area so that their exploitation or cutting can be stopped. After hearing the entire case, the High Court bench stayed the government's order.
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